Bail is released on the basis of an appropriate court decision, which is issued upon a request for the application of this preventive measure. The petition itself is sent to the court by the suspect, the accused, the defense lawyer or other persons who are ready to post bail for a specific person.
Bail is one of the measures of procedural coercion applied exclusively by a court decision. The essence of this measure is to transfer a certain amount of cash and other liquid assets to a special deposit account with the subsequent release of the suspect or the accused. The transferred bail is a guarantee of the appearance of the alleged offender at any summons of the investigating authorities to carry out procedural actions, at court sessions. In addition, the posting of bail must ensure the proper behavior of the person under investigation, the absence of new illegal acts on his part.
Features of the procedure for applying a pledge
The initiative to choose bail as a preventive measure should come from the suspect himself, the accused, and other persons (individuals or legal entities) who are ready to contribute the required amount. To implement the appropriate measure, the interested person applies to the court with a petition for the application of bail. Subject to a positive decision on this petition, the court orders that a certain amount of funds be deposited into a special deposit account. After the execution of the specified order, the suspect or the accused is released from arrest, however, if he violates the conditions of interaction with the investigating authorities, the commission of new crimes, this measure will be replaced by a stricter one, and the transferred bail will be turned into state revenue. In other cases, after a conviction or acquittal has been passed, the amount of the bail is returned to the person who paid it.
Restrictions on the Application of Bond
Procedural legislation provides for certain restrictions, which are taken into account by the court and other authorized bodies when applying a bail. So, the amount transferred as security is determined individually in each case, however, it cannot be less than 100,000 rubles for suspects accused of crimes of a small, medium severity. For grave, especially grave crimes, the minimum bail threshold is increased to 500,000 rubles. The deposit of the collateral is usually carried out by transferring funds to a special (deposit) bank account. But the law allows the use of other property (for example, securities) as collateral. The property for collateral should be selected taking into account the need for the possibility of foreclosure on it in the future.
